DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3-9, 11, 13, 15-16 and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 10 2019 108 493 A1 to Drenzeck (for citations to the text of Drenzeck, refer to the appended machine translation document).
Regarding claim 1:
Drenzeck teaches a seat device (10) with a backrest (12) having
a base frame (14) which comprises two separate lateral frame elements (page 5, last paragraph: side frame elements 16, 18 may be designed as separately formed individual parts) and
having a shell element (30) which is made at least partly from a fiber composite material and is directly connected by force fit and/or form fit to the two lateral frame elements (p. 6, ¶ 2: carrier element 30 may be formed from a fiber composite material and is connected via form-fitting connection to side frame elements 16, 18) and
at least partly forms a backrest support surface (p. 6, ¶ 3: carrier element 30 absorbs tensile forces in an impact).
Regarding claim 3:
Drezneck teaches the seat device as claimed in claim 1, wherein the backrest has at least one covering element (covering 22 / alternatively, cover element 76), which is coupled to the base frame and to the shell element and partly forms the backrest support surface (p. 6, ¶ 1: covering 22 is clamped in the supporting framework 14 / figs. 4-5: cover element 76 is coupled to frame 14 and carrier element 30, see also p. 9, last ¶–page 10, ¶ 1).
Regarding claim 4:
Drezneck teaches the seat device as claimed in claim 3, wherein the at least one covering element is arranged between the shell element and a crossbeam of the backrest, wherein the crossbeam is arranged in an upper region of the backrest (see annotations to fig. 2 in Item A below: a crossbeam element is shown at the top of seat back 12; in fig. 6, carrier element 30 is shown to end just above insert components 72, 74, but cover element 76 extends to the base ends of the crossbeam element indicated).
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Item A: detail from Drezneck fig. 2, with examiner-added annotations
Regarding claim 5:
Drezneck teaches the seat device as claimed in claim 3, wherein the shell element has at least one attachment region in which the at least one covering element is attached to the shell element (covering element 22 — see fig. 10 / cover element 76 — see figs. 4-5).
Regarding claim 6:
Drezneck teaches the seat device as claimed in claim 1, wherein the shell element comprises at least one passage which forms a mounting region for a connection of the backrest to a mounting unit (fig. 6: passages for fasteners are shown in carrier element 30, which are considered to be suitable for use for a connection of the backrest to a mounting unit, such as a headrest mounting unit).
Regarding claim 7:
Drezneck teaches the seat device as claimed in claim 4, wherein the shell element, in an upper region of the shell element, has a protrusion extending towards the crossbeam (fig. 6: in the center of the upper edge of carrier unit 30, a protrusion extends upwards, which would be towards the crossbeam indicated in Item A above).
Regarding claim 8:
Drezneck teaches the seat device as claimed in claim 1, wherein the shell element, in a lower region of the shell element, has a shape that is convex towards a mounting plane (figs. 5-6: various portions of carrier element 30 may be considered convex; in middle region 36, it is convex towards cover element 76 and in connecting areas 40, 60, it is convex towards covering element 22 and the seating surface; as the claim does not limit “a mounting plane” to a particular direction or another element recited in the claim, carrier element 30 may be considered to have in central area 36 a shape that is convex towards a mounting plane of a seat in a row behind seat 12).
Regarding claim 9:
Drezneck teaches the seat device as claimed in claim 1, wherein the shell element, on a top side of the shell element, is connected to a crossbeam of the backrest (p. 8, ¶ 2: rigid foam element 48 is connected with carrier element 30; fig. 1: element 48 spans the top end of the carrier element 30).
Regarding claims 11 and 13:
Drezneck teaches the seat device as claimed in claim 1, wherein the shell element comprises at least one function element which is molded onto the shell element, wherein the at least one function element is arranged on a rear side of the shell element and is configured for attachment of at least one functional component to the backrest (p. 7, ¶ 1-2: connection areas 40, 60 on carrier element 30 are intended for the connection of functional components and fasteners 42, 62 secure functional components to carrier element 30).
Regarding claim 15:
Drezneck teaches the seat device as claimed in claim 1, wherein the backrest has a further shell element, which at least substantially terminates the backrest rearwards and forms a rear visible surface of the backrest, wherein the shell element and the further shell element are directly connected together (p. 9, last ¶ – p. 10, first ¶: cover element 76 forms the entire back 20 of the backrest unit and is directly connected to carrier element 30).
Regarding claim 16:
Drezneck teaches an aircraft seat with the seat device as claimed in claim 1 (p. 5, ¶ 2: aircraft seat 10).
Regarding claim 18:
Drenzeck teaches a seat device (10) with a backrest (12) having
a base frame (14) which comprises two separate lateral frame elements (page 5, last paragraph: side frame elements 16, 18 may be designed as separately formed individual parts) and
having a shell element (30) which is made at least partly from a fiber composite material and is directly connected by force fit and/or form fit to the two lateral frame elements (p. 6, ¶ 2: carrier element 30 may be formed from a fiber composite material and is connected via form-fitting connection to side frame elements 16, 18) and
at least partly forms a backrest support surface (p. 6, ¶ 3: carrier element 30 absorbs tensile forces in an impact),
wherein the shell element, on a top side of the shell element, is connected to a crossbeam of the backrest (p. 8, ¶ 2: rigid foam element 48 is connected with carrier element 30; fig. 1: element 48 spans the top end of the carrier element 30),
wherein the crossbeam is arranged in an upper region of the backrest (see fig. 1).
Regarding claim 19:
Drenzeck teaches a seat device (10) with a backrest (12) having
a base frame (14) which comprises two separate lateral frame elements (page 5, last paragraph: side frame elements 16, 18 may be designed as separately formed individual parts) and
having a shell element (30) which is made at least partly from a fiber composite material and is directly connected by force fit and/or form fit to the two lateral frame elements (p. 6, ¶ 2: carrier element 30 may be formed from a fiber composite material and is connected via form-fitting connection to side frame elements 16, 18) and
at least partly forms a backrest support surface (p. 6, ¶ 3: carrier element 30 absorbs tensile forces in an impact),
wherein the two lateral frame elements are each formed as a hollow profile (figs. 4-5, 10: side frame elements 16, 18 have a hollow profile).
Regarding claim 20:
Drenzeck teaches a seat device (10) with a backrest (12) having
a base frame (14) which comprises two separate lateral frame elements (page 5, last paragraph: side frame elements 16, 18 may be designed as separately formed individual parts) and
having a shell element (30) which is made at least partly from a fiber composite material and is directly connected by force fit and/or form fit to the two lateral frame elements (p. 6, ¶ 2: carrier element 30 may be formed from a fiber composite material and is connected via form-fitting connection to side frame elements 16, 18) and
at least partly forms a backrest support surface (p. 6, ¶ 3: carrier element 30 absorbs tensile forces in an impact),
wherein the two lateral frame elements are each formed as a hollow profile (figs. 4-5, 10: side frame elements 16, 18 have a hollow profile), and
wherein the shell element overlaps the two lateral frame elements at the outsides (side areas 32, 34), facing away from one another, of the base frame in at least one region (p. 6, ¶ 2, figs. 4-5, 10).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 9,415,713 B2 to Line et al. in view of DE 10 2019 108 493 A1 to Drenzeck (for citations to the text of Drenzeck, refer to the appended machine translation document).
Regarding claim 1:
Line teaches a seat device (24) with a backrest (30) having
a base frame (metal structure 56 of frame 15) which comprises two separate lateral frame elements (c. 6, ℓ. 21-42: first and second side members 60, 62) and
having a shell element (trim shell 58 / alternatively, lower front piece 76 of trim shell 58) which is coupled to the two lateral frame elements (c. 6, ℓ. 43-49) and
at least partly forms a backrest support surface (c. 6, ℓ. 21-49: the metal structure 56 and trim shell 58 are part of the seatback frame 15).
Line discloses a shell member which “is typically molded with a polymer material” (c. 6, ℓ. 63-66) and substantially encloses the base frame (c. 6, ℓ. 21-23), having front and back panels which couple with the base frame (c. 6, ℓ. 43-49) but does not specifically disclose a shell member which is made at least partly from a fiber composite material and directly connected by force fit and/or form fit to the two lateral frame elements. Line does separately teach flexible members coupled to a trim carrier “in a snap-fit and friction-fit arrangement” (c. 7, ℓ. 11-12).
Drenzeck teaches a seat device (10) with a backrest (12) having a base frame (14) which comprises two separate lateral frame elements (page 5, last paragraph: side frame elements 16, 18 may be designed as separately formed individual parts) and
having a shell element (30) which is made at least partly from a fiber composite material and is directly connected by force fit and/or form fit to the two lateral frame elements (p. 6, ¶ 2: carrier element 30 may be formed from a fiber composite material and is connected via form-fitting connection to side frame elements 16, 18).
It would have been obvious to a person having ordinary skill in the art at the time the invention was filed to have modified the seat device of Line such that the polymeric shell element is made at least partly from a fiber composite material, using the teachings of Drenzeck, since fiber composite materials are polymeric materials and known for their high strength to weight ratios and such that the shell element is directly connected by force fit and/or form fit to the two lateral frame elements, using the teachings of Drenzeck, for ease of assembly, reduction in weight from separate fasteners, and as a known form of connection known to be suitable for the purpose.
Regarding claim 2:
Line, as modified, provides the seat device as claimed in claim 1, wherein the shell element is arranged exclusively in a lower region of the backrest (fig. 5: lower piece 76 is arranged exclusively in a lower region of the backrest).
Regarding claim 3:
Line, as modified, provides the seat device as claimed in claim 1, wherein the backrest has at least one covering element (fig. 5: upper trim piece 75), which is coupled to the base frame and to the shell element and partly forms the backrest support surface (c. 6, ℓ. 21-49, 43-63: coupled to lower piece 76 and metal structure 56, forming seat frame 15).
Regarding claim 4:
Line, as modified, provides the seat device as claimed in claim 3, wherein the at least one covering element is arranged between the shell element and a crossbeam of the backrest, wherein the crossbeam is arranged in an upper region of the backrest (fig. 5: top piece 66 of metal structure 56 is arranged in an upper region of the backrest, on the opposite side of upper trim piece 75 from lower trim piece 76).
Regarding claim 5:
Line, as modified, provides the seat device as claimed in claim 3, wherein the shell element has at least one attachment region in which the at least one covering element is attached to the shell element (c. 6, ℓ. 43-63: at a central area of the seatback 30).
Regarding claim 6:
Line, as modified, provides the seat device as claimed in claim 1, wherein the shell element comprises at least one passage which forms a mounting region for a connection of the backrest to a mounting unit (c. 6, ℓ. 43-63: mounting cutaway 74 for receiving head restraint 38).
Regarding claim 7:
Line, as modified, provides the seat device as claimed in claim 4, wherein the shell element, in an upper region of the shell element, has a protrusion extending towards the crossbeam (fig. 5: the top of the flanges on either edge of lower trim piece 76 extend towards the crossbeam).
Regarding claim 8:
Line, as modified, provides the seat device as claimed in claim 1, wherein the shell element, in a lower region of the shell element, has a shape that is convex towards a mounting plane (fig. 5: lower trim piece 76 is convex towards a mounting plane of a seat in a row behind seat 12).
Regarding claim 9:
Line, as modified, provides the seat device as claimed in claim 1, wherein the shell element, on a top side of the shell element, is connected to a crossbeam of the backrest (fig. 5: considering the shell element as trim shell 58, trim shell 58 is connected to top piece 66).
Regarding claim 10:
Line, as modified, provides the seat device as claimed in claim 1, wherein the shell element extends over at least 60 % of a maximal longitudinal extent of the backrest (fig. 5: considering the shell element as trim shell 58).
Regarding claims 11 and 12:
Line, as modified, provides the seat device as claimed in claim 1, wherein the shell element comprises at least one function element which is molded onto the shell element, wherein the at least one function element is arranged on at least one lateral end of the shell element and forms a receiving space for a cover fastening element (considering the shell element as lower trim piece 76 — c. 6, ℓ. 43-52: lower piece 76 couples with flexible members 20; fig. 5: this coupling is shown on the lateral sides of lower trim piece 76).
Regarding claims 11 and 13:
Line, as modified, provides the seat device as claimed in claim 1, wherein the shell element comprises at least one function element which is molded onto the shell element, wherein the at least one function element is arranged on a rear side of the shell element and is configured for attachment of at least one functional component to the backrest (considering the shell element as trim shell 58 — c. 6, ℓ. 43-57: mounting cutaway 74 for receiving head restraint 38; fig. 5: cutaway 74 is shown on a rear side of a trim panel 70 of the shell element 58).
Regarding claim 14:
Line, as modified, provides the seat device as claimed in claim 1, wherein at least a portion of the shell element at least partly forms a rear visible surface of the backrest (considering the shell element as trim shell 58 — fig. 5: back panel 72 of trim shell 58 is the rearmost element of the backrest).
Regarding claim 15:
Line, as modified, provides the seat device as claimed in claim 1, wherein the backrest has a further shell element, which at least substantially terminates the backrest rearwards and forms a rear visible surface of the backrest, wherein the shell element and the further shell element are directly connected together (considering the shell element as lower trim piece 76 — back trim panel 72 may be considered as a further shell element; fig. 5: back panel 72 of trim shell 58 is the rearmost element of the backrest and substantially terminates the backrest rearwards).
Regarding claim 16:
Line, as modified, provides an aircraft seat with the seat device as claimed in claim 1 (c. 1, ℓ. 14-16: the seat is disclosed as a vehicle seat, which is considered to be capable of use in an aircraft).
Regarding claim 17:
Line teaches a seat device (24) with a backrest (30) having
a base frame (metal structure 56 of frame 15) which comprises two separate lateral frame elements (c. 6, ℓ. 21-42: first and second side members 60, 62) and
having a shell element (lower piece 76 of front trim panel 70) which is coupled to the two lateral frame elements (c. 6, ℓ. 43-49) and
at least partly forms a backrest support surface (c. 6, ℓ. 21-49: the metal structure 56 and trim shell 58, which includes front trim panel 70, are part of the seatback frame 15),
wherein the shell element is designed as a curved and/or arched flat component (see fig. 5),
wherein the shell element is arranged exclusively in a lower region of the backrest (fig. 5: lower piece 76 is arranged exclusively in a lower region of the backrest) and
the backrest has at least one covering element (upper piece 75 of front trim panel 70), the at least one covering element is coupled to the base frame and to the shell element and partly forms the backrest support surface (c. 6, ℓ. 21-49: the metal structure 56 and trim shell 58, which includes front trim panel 70, are part of the seatback frame 15).
Line discloses a trim shell which “is typically molded with a polymer material” (c. 6, ℓ. 63-66) and substantially encloses the base frame (c. 6, ℓ. 21-23), having front and back panels which couple with the base frame (c. 6, ℓ. 43-49) but does not specifically disclose a shell member which is made at least partly from a fiber composite material and directly connected by force fit and/or form fit to the two lateral frame elements, or at least one covering element connected to the two lateral frame elements by form fit. Line does separately teach flexible members coupled to a trim carrier “in a snap-fit and friction-fit arrangement” (c. 7, ℓ. 11-12).
Drenzeck teaches a seat device (10) with a backrest (12) having a base frame (14) which comprises two separate lateral frame elements (page 5, last paragraph: side frame elements 16, 18 may be designed as separately formed individual parts) and having a shell element (30) which is made at least partly from a fiber composite material and is directly connected by force fit and/or form fit to the two lateral frame elements (p. 6, ¶ 2: carrier element 30 may be formed from a fiber composite material and is connected via form-fitting connection to side frame elements 16, 18).
It would have been obvious to a person having ordinary skill in the art at the time the invention was filed to have modified the seat device of Line such that the polymeric shell element is made at least partly from a fiber composite material, using the teachings of Drenzeck, since fiber composite materials are polymeric materials and known for their high strength to weight ratios and such that the shell element and the at least one covering element are directly connected by force fit and/or form fit to the two lateral frame elements, using the teachings of Drenzeck, for ease of assembly, reduction in weight from separate fasteners, and as a known form of connection known to be suitable for the purpose.
Regarding claim 18:
Line teaches a seat device (24) with a backrest (30) having
a base frame (metal structure 56 of frame 15) which comprises two separate lateral frame elements (c. 6, ℓ. 21-42: first and second side members 60, 62) and
having a shell element (shell 58) which is coupled to the two lateral frame elements (c. 6, ℓ. 43-49) and
at least partly forms a backrest support surface (c. 6, ℓ. 21-49: the metal structure 56 and trim shell 58 are part of the seatback frame 15),
wherein the shell element, on a top side of the shell element, is connected to a crossbeam (66) of the backrest (c. 6, ℓ. 43-49: top member 66 is part of metal structure 56), wherein the crossbeam is arranged in an upper region of the backrest (see fig. 5).
Line discloses a shell member which “is typically molded with a polymer material” (c. 6, ℓ. 63-66) and substantially encloses the base frame (c. 6, ℓ. 21-23), having front and back panels which couple with the base frame (c. 6, ℓ. 43-49) but does not specifically disclose a shell member which is made at least partly from a fiber composite material and directly connected by force fit and/or form fit to the two lateral frame elements. Line does separately teach flexible members coupled to a trim carrier “in a snap-fit and friction-fit arrangement” (c. 7, ℓ. 11-12).
Drenzeck teaches a seat device (10) with a backrest (12) having a base frame (14) which comprises two separate lateral frame elements (page 5, last paragraph: side frame elements 16, 18 may be designed as separately formed individual parts) and having a shell element (30) which is made at least partly from a fiber composite material and is directly connected by force fit and/or form fit to the two lateral frame elements (p. 6, ¶ 2: carrier element 30 may be formed from a fiber composite material and is connected via form-fitting connection to side frame elements 16, 18).
It would have been obvious to a person having ordinary skill in the art at the time the invention was filed to have modified the seat device of Line such that the polymeric shell element is made at least partly from a fiber composite material, using the teachings of Drenzeck, since fiber composite materials are polymeric materials and known for their high strength to weight ratios and such that the shell element is directly connected by force fit and/or form fit to the two lateral frame elements, using the teachings of Drenzeck, for ease of assembly, reduction in weight from separate fasteners, and as a known form of connection known to be suitable for the purpose.
Regarding claim 19:
Line teaches a seat device (24) with a backrest (30) having
a base frame (metal structure 56 of frame 15) which comprises two separate lateral frame elements (c. 6, ℓ. 21-42: first and second side members 60, 62) and
having a shell element (shell 58) which is coupled to the two lateral frame elements (c. 6, ℓ. 43-49) and
at least partly forms a backrest support surface (c. 6, ℓ. 21-49: the metal structure 56 and trim shell 58 are part of the seatback frame 15).
Line discloses a shell member which “is typically molded with a polymer material” (c. 6, ℓ. 63-66) and substantially encloses the base frame (c. 6, ℓ. 21-23), having front and back panels which couple with the base frame (c. 6, ℓ. 43-49) but does not specifically disclose a shell member which is made at least partly from a fiber composite material and directly connected by force fit and/or form fit to the two lateral frame elements, or that the two lateral frame elements are each formed as a hollow profile. Line does separately teach flexible members coupled to a trim carrier “in a snap-fit and friction-fit arrangement” (c. 7, ℓ. 11-12).
Drenzeck teaches a seat device (10) with a backrest (12) having a base frame (14) which comprises two separate lateral frame elements (page 5, last paragraph: side frame elements 16, 18 may be designed as separately formed individual parts) and having a shell element (30) which is made at least partly from a fiber composite material and is directly connected by force fit and/or form fit to the two lateral frame elements (p. 6, ¶ 2: carrier element 30 may be formed from a fiber composite material and is connected via form-fitting connection to side frame elements 16, 18), wherein the two lateral frame elements are each formed as a hollow profile (figs. 4-5, 10: side frame elements 16, 18 have a hollow profile).
It would have been obvious to a person having ordinary skill in the art at the time the invention was filed to have modified the seat device of Line, using the teachings of Drenzeck, such that:
the polymeric shell element is made at least partly from a fiber composite material, since fiber composite materials are polymeric materials and known for their high strength to weight ratios,
the shell element is directly connected by force fit and/or form fit to the two lateral frame elements, for ease of assembly, reduction in weight from separate fasteners, and as a known form of connection known to be suitable for the purpose, and
wherein the two lateral frame elements are each formed as a hollow profile, for the rigidity offered and as a known profile for a lateral frame element.
Regarding claim 20:
Line teaches a seat device (24) with a backrest (30) having
a base frame (metal structure 56 of frame 15) which comprises two separate lateral frame elements (c. 6, ℓ. 21-42: first and second side members 60, 62) and
having a shell element (shell 58) which is coupled to the two lateral frame elements (c. 6, ℓ. 43-49) and
at least partly forms a backrest support surface (c. 6, ℓ. 21-49: the metal structure 56 and trim shell 58 are part of the seatback frame 15),
wherein the shell element overlaps the two lateral frame elements at the outsides, facing away from one another, of the base frame in at least one region (c. 6, ℓ. 43-63: enclosing the metal structure 56, including the edge portion).
Line discloses a shell member which “is typically molded with a polymer material” (c. 6, ℓ. 63-66) and substantially encloses the base frame (c. 6, ℓ. 21-23), having front and back panels which couple with the base frame (c. 6, ℓ. 43-49) but does not specifically disclose a shell member which is made at least partly from a fiber composite material and directly connected by force fit and/or form fit to the two lateral frame elements or that the two lateral frame elements are each formed as a hollow profile. Line does separately teach flexible members coupled to a trim carrier “in a snap-fit and friction-fit arrangement” (c. 7, ℓ. 11-12).
Drenzeck teaches a seat device (10) with a backrest (12) having a base frame (14) which comprises two separate lateral frame elements (page 5, last paragraph: side frame elements 16, 18 may be designed as separately formed individual parts) and having a shell element (30) which is made at least partly from a fiber composite material and is directly connected by force fit and/or form fit to the two lateral frame elements (p. 6, ¶ 2: carrier element 30 may be formed from a fiber composite material and is connected via form-fitting connection to side frame elements 16, 18), wherein the two lateral frame elements are each formed as a hollow profile (figs. 4-5, 10: side frame elements 16, 18 have a hollow profile).
It would have been obvious to a person having ordinary skill in the art at the time the invention was filed to have modified the seat device of Line, using the teachings of Drenzeck, such that:
the polymeric shell element is made at least partly from a fiber composite material, since fiber composite materials are polymeric materials and known for their high strength to weight ratios,
the shell element is directly connected by force fit and/or form fit to the two lateral frame elements, for ease of assembly, reduction in weight from separate fasteners, and as a known form of connection known to be suitable for the purpose, and
wherein the two lateral frame elements are each formed as a hollow profile, for the rigidity offered and as a known profile for a lateral frame element.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Richard Green whose telephone number is (571)270-5380. The examiner can normally be reached Monday to Friday, 9:00 to 5:00 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached at (571) 272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Richard Green/Primary Examiner, Art Unit 3647
